Appellate Division: Second Judicial Department

M255786

E/mm

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-08655 Samuel Pfeiffer, respondent, v Isaac Shouela, appellant. (Index No. 514691/16)

DECISION & ORDER ON MOTION

2018-09790

Samuel Pfeiffer, etc., respondent,

v Isaac Shouela, appellant.

(Index No. 514691/16)

2018-09791

Samuel Pfeiffer, etc., respondent,

v Isaac Shouela, appellant.

(Index No. 514691/16)

Motion by Isaac Shouela (1) for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated July 27, 2018, (2) in effect, to stay enforcement of an order of the same Court dated August 1, 2018, and to stay closing of the subject real property, pending hearing and determination of appeals from the orders dated July 27, 2018, and August 1, 2018, as well as an order of the same court dated June 8, 2018, and (3) to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated July 27, 2018, is denied with respect to so much of that order as denied reargument and otherwise denied as unnecessary with respect to the remainder of that order which is appealable as of right (see CPLR 5701); and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from so much of the order dated July 27, 2018, as denied reargument is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order dated August 1, 2018, and to stay closing of the subject real property, located at 1273 and 1275 41st Street, Brooklyn, New York, identified as Kings County tax lots Section 5589, Lots 49 and 50, is granted, and enforcement of the order dated August 1, 2018, and closing of the subject real property are stayed pending hearing and determination of the appeals from the three orders on condition that the appeals are perfected on or before October 29, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 29, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court